Note: wage claims that involve any kind of benefit that arises from an employment contract (for example, vacation, holiday, expense reimbursement, commission, severance or bonus pay) will be referred for a Wage Collection proceeding. You may search for a report by utilizing one of the available search options, or . As the general contractor of the project, Railroad Posillico JV LLC, an unregistered public works contractor, is also being investigated for hiring Men of Steel as an unregistered subcontractor. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} TRENTON - A New Jersey Department of Labor and Workforce Development (NJDOL) investigation initiated by complaints found that 347 lifeguards were due more than $400,000 in unpaid overtime from three Jersey Shore municipalities Atlantic City, the Borough of Avalon, and Stone Harbor. .cd-main-content p, blockquote {margin-bottom:1em;} I am excited to announce I have joined the Alliance of Women in Workers' Compensation as an Ambassador. .manual-search-block #edit-actions--2 {order:2;} The Office of Investigations* (OI) within the Office of Program Integrity and Accountability (OPIA), conducts thorough, independent, objective and timely civil investigations of unusual incidents and allegations involving individuals served by the Department of Human Services (DHS) and by its community partners. This case demonstrates the U.S. Department of Labors ongoing commitment to recovering losses caused by plan fiduciaries failure to comply with the law, said Regional Solicitor of Labor Jeffrey S. Rogoff in New York. Access reports, information and data tools related to New Jerseys economy and key industry sectors. A total of 146 employees were found to be owed $197,150 in unpaid overtime. OI investigation data is used to inform service providers and division staff and assists in developing prevention strategies and policies to further ensure individuals served are safe and protected. 2019, chapter 44, off-site fabrication of components to be used in public works projects are covered under state prevailing wage laws. 133 (Laurus), a case we previously . This sweep truly was a group effort, and I want to thank all the agencies involved for bringing justice to these workers. A to Z. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Federal government websites often end in .gov or .mil. Finally, another sub-contractor on the Regent Street project, BWK Construction, LLC was also found to have failed to pay employees overtime, failed to provide them with Earned Sick Leave as required, and to have misclassified employees by paying them in cash off the books. The fees are paid directly to the State to offset the costs of the investigations. The health, safety and well-being of individuals served is our priority; Recognized best practices are incorporated into all aspects of the investigative process; Investigative findings are fact-based, fair and balanced and meet the needs of our internal and external stakeholders; The investigative process is rooted in integrity, transparency and accountability; We are flexible and adaptable to meet needs and changing environments; We strive for mutually open, respectful communication and cooperation to promote common understanding; We inspire excellence through teamwork and training; We strive to continually improve the quality of our processes through self-review, data and analysis. For more information on New Jerseys wage and hour laws, please visitmyworkrights.nj.gov. .usa-footer .grid-container {padding-left: 30px!important;} They also did not pay CWHSSA-required overtime compensation to three employees, while one employee did not receive FLSA-required overtime wages. Every year, the Wage and Hour Division of the U.S. Department of Labor and its state counterparts (which we will collectively refer to here as the "DOL") amplify their efforts to enforce wage and hour laws, such as the Fair Labor Standards Act, the Davis-Bacon and Related Acts, the McNamara-O'Hara Service Contract Act, and corresponding state laws and regulations (e.g., Articles 8 and 9 . In conjunction with NJDOL, the Department of the Treasurys Division of Taxation investigated 21 of the subcontractors and found that 14 had pending tax issues and one out-of-state contractor was served a jeopardy assessment warrant for non-compliance. Wage & Hour and Contract Compliance. p.usa-alert__text {margin-bottom:0!important;} I look forward to working with this wonderful group of @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} A large part of building wealth is homeownership, & the LAD prohibits race-based discrimination in housing. The first violation results in a fee of 10% of the unpaid wages; a second offense results in an 18% fee; and a third or more offense results in a 25% fee. Home. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Note: claims that are handled by mail usually only involve one person (for example, a former employee who did not receive their last paycheck). Wage Complaint for Non-Payment of Prevailing Wage Rate: Mandatory Overtime in a Health Care Facility Complaint: Mail or fax your completed complaint form to: Governor Phil Murphy Lt. Learn more about the increase. Effective January 1, 2023, the New Jersey minimum wage is $14.13 per hour for most workers. We want to make sure employees arent paid any less than what they deserve for an honest days work.. For Immediate Release:August 10, 2021. After this discussion, if the employer still disagrees, he or she may be scheduled for a conference with a Section Chief. Washington, DC 202101-866-4-USA-DOL1-866-487-2365www.dol.gov, Mitchell Martin Health Care LLC found to have failed to comply with federal pay regulations, Industry-Recognized Apprenticeship Programs (IRAP), Bureau of International Labor Affairs (ILAB), Employee Benefits Security Administration (EBSA), Employees' Compensation Appeals Board (ECAB), Employment and Training Administration (ETA), Mine Safety and Health Administration (MSHA), Occupational Safety and Health Administration (OSHA), Office of Administrative Law Judges (OALJ), Office of Congressional and Intergovernmental Affairs (OCIA), Office of Disability Employment Policy (ODEP), Office of Federal Contract Compliance Programs (OFCCP), Office of Labor-Management Standards (OLMS), Office of the Assistant Secretary for Administration and Management (OASAM), Office of the Assistant Secretary for Policy (OASP), Office of the Chief Financial Officer (OCFO), Office of Workers' Compensation Programs (OWCP), Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD), Pension Benefit Guaranty Corporation (PBGC), Veterans' Employment and Training Service (VETS), Economic Data from the Department of Labor. Permanent Members The user is on notice that neither the State of NJ site nor its operators review any of the services, information and/or content from anything that may be linked to the State of NJ site for any reason. Prevailing Wage Rates. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. The Labor Department encourages you to report potential fraud by calling (609) 777-4304, by faxing (609) 292-5593, or online. 30: 6D - 76 et seq. -Read Full Disclaimer. A federal court ordered a New Jersey company and its co-managers to pay $712,000 in back wages and damages after a Department of Labor investigation found it had deliberately denied overtime pay. A to Z, Consumers & Clients - Individuals and Families, Office of Program Integrity & Accountability (OPIA), Disasters & Emergencies - Help & Information, Providers & Stakeholders: Contracts, Legal Notices, Licensing, Rulemaking, Fees, MedComms, Get Involved with DHS:Employment, DHS Police, Nurses, Public Boards/Councils, Contact If you work in New Jersey and believe that your employer has not properly paid you, or if you have a complaint against an employer for violating aNew Jersey Labor Law enforced by the Division of Wage and Hour Compliance, you may file a wage complaint by following the guidelines on this page. - Individuals and Families, Important NJDOL agents also found that Men of Steel was not a registered New Jersey Public Works Contractor. The maximum amount of a Wage Collection award is $50,000 and complainants must waive any amount over $50,000. The investigator has no control over the amount of fees and/or penalties; they are determined after the case has been submitted and reviewed by a supervisor. The wages may represent unpaid hours of work, unpaid overtime hours, or payment of less than prevailing wage. The plan was funded primarily by employer contributions. For more information about the FLSA and other laws enforced by the division, contact the agencys toll-free helpline at 866-4US-WAGE (487-9243). Additionally, 14 minors were working without a proper Employment Certificate, and the time-in/time-out was not being documented the for minor employees, as the law requires. Call us at (973) 890-0004 or fill out the contact form on this page to schedule a . HARRISONVILLE, NJ - A judge in the U.S. Department of Labor's Office of Administrative Law Judges (OALJ) has ordered a Harrisonville, New Jersey, tomato farm to pay $49,423 in back wages to 62 farmworkers, the majority of which the employer recruited from Mexico as temporary foreign workers on H-2A visas. CFPB's jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, and other financial companies . Governor Sheila Oliver, Department of Labor and Workforce Development. us po box18A:30-3.5 Payment for accumulated sick leave by board of education. Several members of the NJDOL and OAG staff deserve kudos for their work on this matter and for achieving this outcome: From NJDOL, Legal Liaison Mindy Gensler, Assistant Commissioner of Wage and Hour and Contract Compliance Joseph Petrecca, Division Director David Biglin, Assistant Directors Toni Longo and Barry Hickey, and Assistant Chiefs Marc Goldberg and Lawrence Cirignano all had a hand in leading the investigation. September 15, 2021. .usa-footer .container {max-width:1440px!important;} .h1 {font-family:'Merriweather';font-weight:700;} The State of NJ site may contain optional links, information, services and/or content from other websites operated by third parties that are provided as a convenience, such as Google Translate. An NJDOL audit of hours worked and payroll records revealed that, under this law, Men of Steel owed six workers a total of nearly $8,300 in unpaid wages. If the employer does not agree that any wages are due, the complainant will be notified and will have the option of pursuing the matter through the Wage Collection proceeding process. Services The U.S. Department of Labor is dedicated to ensuring employers pay essential workers all the wages they earned, said Wage and Hour Division District Director Jorge Alvarez in New York. -Read Full Disclaimer. I am excited to announce I have joined the Alliance of Women in Workers' Compensation as an Ambassador. EBSA is committed to ensuring the integrity of employee benefit programs and holding those who violate the law accountable.. Such violations can be prevented if employers know and understand their legal requirements. In addition, the NJDOL discovered that two of the six affected workers were misclassified as independent contractors, after analysis under the states ABC test. Unemployment insurance gives financial support to people who lose their jobs through no fault of their own. Google Translate is an online service for which the user pays nothing to obtain a purported language translation. Governor Sheila Oliver, Department of Labor and Workforce Development. As part of its investigative and quality assurance activities, OI issues individual case findings and cites systemic concerns identified during the investigative process to help ensure the continued health, safety and well-being of all individuals served. Your identity and other personally identifiable information are protected from disclosure to your employer and others, with limited exceptions. As a result of the investigation, nearly all the affected workers have received the back wages to which they were entitled. Five minor employees were working without proper Employment Certificates. US Department of Labor recovers $352K in back pay for 653 workers after Detroit area staffing agency misclassifies them as independent contractors, Operator of Dairy Queen franchises fined $42K after federal investigation finds child labor violations at 11 Indiana, Michigan, locations. Tools and Resources. If the employer also owes a penalty, the amount of the penalty will vary depending upon the severity of the offence, the number of employees impacted, and the employers history of violations. InterArch Inc. and the Hills will additionally pay approximately $1.1 million to the retirement plan to resolve a separate but related private class action lawsuit filed by a former employee and those similarly situated in the U.S. District Court for the District of New Jersey on May 27, 2020. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} : 12, 16 Congress established the agency under the Occupational Safety and Health Act OSH Act, which President Richard M. Nixon signed into law on December 29, 1970. The State of NJ site may contain optional links, information, services and/or content from other websites operated by third parties that are provided as a convenience, such as Google Translate. Links to assistance with food, housing, child care, health, and more. stipulates: The commissioner shall adopt rules and regulations necessary to provide for an investigation of a reported incident and subsequent substantiation or non-substantiation of an allegation of abuse, neglect or exploitation of an individual with a developmental disability by a caregiver, by maintaining an Office of Investigations to investigate serious unusual incidents as defined by applicable rules and regulations, in facilities or community programs licensed, contracted or regulated by the Department., N.J.S.A. For more information about unemployment insurance, visit the Division of Unemployment Insurance's website. At the hearing, the Wage Collection Referee will gather all of the pertinent facts and will make a decision. Help & Information, Press Online and phone support. .usa-footer .grid-container {padding-left: 30px!important;} BEACH HAVEN, NJ - After an investigation by the U.S. Department of Labor's Wage and Hour Division (WHD), Cramark Inc. - doing business as The Chicken or The Egg restaurant in Beach Haven, New Jersey - will pay $768,548 in back wages, liquidated damages, and penalties for violating the Fair Labor Standards Act (FLSA) and the labor provisions of the H-2B temporary visa program. Get personalized resources and support for your unique life situation. Governor Sheila Oliver, Department of Labor and Workforce Development, Multi-Agency Investigation Results in Assessing 20 Contractors More than $1.3M in Back Wages and Penalties. Wages are unpaid wages that the investigator has determined are due. The employer will then be sent a notice (Assessment Letter) with the findings and any fees or penalties which are due. The user is on notice that neither the State of NJ site nor its operators review any of the services, information and/or content from anything that may be linked to the State of NJ site for any reason. Contracts, Legal Notices, Licensing, MedComms. ol{list-style-type: decimal;} Included in the Office's supervisory responsibilities are the investigation of complaints, on-site examinations, the monitoring of net worth and surety bonding requirements through annual report filings, and the initiation of . The site is secure. /*-->*/. /*-->*/. When a wage claim is filed with the Division of Wage and Hour Compliance against an employer, it is first reviewed by a supervisor to determine whether the Division has jurisdiction. MOORESTOWN, NJ - The fiduciaries of an international design firm in Moorestown must pay more than $2 million to restore mismanaged assets to the company's retirement plan and in penalties after the U.S. Department of Labor agreed to a settlement following an investigation and litigation.. An investigation by the department's Employee Benefits Security Administration determined that . Department of Labor & Workforce Development, Governor Phil Murphy Lt. We heartily appreciate every agency that has banded together to ensure that fair compensation and a livable wage are delivered at the end of the day., Under Governor Murphys leadership, our state agencies are working in partnership to identify and root out worker misclassification by companies and contractors that illegally withhold wages and benefits due to workers, said Department of Banking and Insurance Commissioner Marlene Caride. The Labor Relations Administrator will receive the incident reports and conduct the investigations. TRENTON A unique partnership between the New Jersey Departments of Labor and Workforce Development (NJDOL), Treasury, Banking and Insurance, and the Office of the Attorney General (OAG) has resulted in the assessment of more than $1.3 million in back wages and penalties to 20 contractors performing construction work at 88 Regent Street in Jersey City, where a multi-agency team of more than 60 investigators conducted an unannounced sweep in summer 2021 in response to allegations of workers being misclassified. reports. In addition to its own violations, P & B also contracted with at least 5 other lower tier sub-contractors who also failed to properly classify their employees and pay them properly. The phone number and extension go to a mailbox that is 1. Trenton NJ, after an NJ.com investigation found that state government agencies aren't answering the phone when people call for . I look forward to working with this wonderful group of #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Are other resources available?". Wherecan I learn aboutthe new Earned Sick law? The law requires fiduciaries to discharge their duties solely in the interests of plan participants and beneficiaries in a prudent manner, and to diversify plan investments so the risk of large losses is minimized, said Employee Benefits Security Administration Acting Regional Director Cristina OBrien, in Philadelphia. Notice, Accessibility For direct contact, please call your local Reemployment Call Center or contact the Division of Unemployment Insurance at (609) 292-24660 or at UIhelp@dol.nj.gov . A preponderance of evidence is attained when 51 percent of the evidence supports a substantiated finding. OI conducts civil investigations related to serious allegations/incidents of abuse, neglect, exploitation, and other serious incidents involving individuals served in DHS facility and community settings. Each employer has to be treated individually, and there is no "one size fits all" penalty schedule. To review the laws enforced by the Division, click here. Oct 2022 - Present6 months. Our goal is to ensure that each worker is treated fairly at every level, said Assistant Commissioner of Wage and Hour Compliance Joseph Petrecca. If the telephone conference does not resolve the matter, or a telephone conference was not available, the employer will be scheduled for a hearing before a Hearing and Review Officer. The user is on notice that neither the State of NJ site nor its operators review any of the services, information and/or content from anything that may be linked to the State of NJ site for any reason. .table thead th {background-color:#f1f1f1;color:#222;} When expanded it provides a list of search options that will switch the search inputs to match the current selection. Corporate generalist licensed to practice law in Pennsylvania, New York and New Jersey. The new law requires employers to equip housekeeping and other staff with panic devices when they work in a guest room without any other employees present. (See section on Wage Collection proceedings below.). New Jerseys lifeguards put their lives on the line for the safety of summer shore visitors, so it's our responsibility to ensure they receive all the wages they are entitled to, said Labor Commissioner Robert Asaro-Angelo. P & B Partitions is contesting that assessment. An official website of the United States government. TRENTON A New Jersey Department of Labor and Workforce Development (NJDOL) investigation initiated by complaints found that 347 lifeguards were due more than $400,000 in unpaid overtime from three Jersey Shore municipalities Atlantic City, the Borough of Avalon, and Stone Harbor. OI staff also perform quality assurance tasks in reviewing and analyzing clinical and social service records and through the investigative process. nurse, nursing assistant, home health aide, etc., but not a doctor) and you believe your New Jerseyemployer improperly required you to work overtime, complete the MW-31OT form.Mail or fax your completed complaint form to: New Jersey Department of Labor and Workforce DevelopmentDivision of Wage and Hour ComplianceP.O. Department of Labor & Workforce Development, Governor Phil Murphy Lt. Throughout July and August, NJDOL led an expansive effort to inspect and provide safety assessments to beach patrols along the states coastline to mitigate issues involving boats and lightning a campaign prompted by the heartbreaking deaths of two young lifeguards in August 2021. File a Wage Complaint. Get Such violations can be prevented if employers know and understand their legal. The . Neither you nor anyone else will be able to check on the status of an anonymous complaint. (609) 789-8647. Among other things, the statute broadens When can I see the latest unemployment data? Governor Sheila Oliver. In Atlantic City, Investigators from the Departments Division of Wage and Hour Compliance found the citys lifeguards were only paid overtime after they reached 48 hours of work per week, not the 40-hour per week mark required under the law. Additionally, seven minors were working without proper documentation, and their hours were not being documented. 44.Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or New Jersey's Paid Family Leave Insurance law was enacted on May 2, 2008 and revised in 2019. This ongoing partnership frequently results in criminal convictions of identified perpetrators and further helps to ensure the health, safety and well-being of individuals receiving services.Serious cases involving caregivers substantiated for acts of abuse, neglect and/or exploitation are subsequently referred by OI for DHS consideration to place the perpetrators name on the DHS Central Registry of Offenders against Individuals with a Developmental Disability. Please file a wage complaint with the NJ Wage and Hour Division and Contract Compliance if any of the below statements apply: You are an employee working in New Jersey and you have a complaint about unpaid wages. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} The site is secure. The State of NJ site may contain optional links, information, services and/or content from other websites operated by third parties that are provided as a convenience, such as Google Translate. NJDOL, Treasury Raid Worksite In First Joint-Enforcement Action to Combat Worker Misclassification. It can also inhibit cooperation in good faith with an investigation and inhibit employees from engaging in activities protected by federal law," said Wage and Hour Division District Director Paula Ruffin in Mountainside, New Jersey. Please subscribe today to NJ.com . P.O. Our New Jersey employment law attorneys represent civil service and non-civil service law enforcement officers in all areas of New Jersey employment law, including disciplinary charges and employment litigation in State and Federal trial and appellate courts. This investigation found 76 employees to be owed $94,114 in unpaid overtime wages. Allegations also included workers not being paid properly for overtime, and employers failing to pay appropriate taxes on purchased construction materials and not carrying workers compensation insurance., After a hard day of work, everyone deserves to receive their full wages and benefits," said Attorney General Matthew J. Platkin. Normally, these hearings are held in Trenton; however, if this presents a hardship, the employer can request an alternate location. Grand Street was notified of those alleged violations by BWK Construction and their failure to respond to allegations which totaled some $350,171.49 in back wages, fees and penalties. As discussed below, the law substantially expands the civil and criminal recourse available for nonpayment of wages and for retaliation. Our journalism needs your support. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Additionally, time-in/time-out records for minor employees were not maintained. The investigation resulted from a complaint alleging that custom fabrication work performed at Men of Steels New Jersey location was subject to the New Jersey Prevailing Wage Act. This new site offers comprehensive resources and claim information for those temporarily unable to work due to illness, injury, pregnancy, family bonding, or caring for a sick or injured family member. The Employee Benefits Security Administration is satisfied that this settlement will result in a substantial recovery to plan participants of the losses that the fiduciaries actions caused, added OBrien. Us, Privacy Trial Attorney Amanda Wilmsen of the departments Office of the Solicitor in New York negotiated the settlement for the department. Plan fiduciaries must ensure they comply with ERISAs provisions to protect workers retirement income. OI conducts approximately 1,200 investigations annually, in accordance with identified time frames. At the agreed upon appointment time, the investigator will review the records and conduct interviews if necessary. Complaints, Appeals, and Investigations. Home, DHS This important information is subsequently communicated to appropriate internal or external stakeholders and documented to further promote the health, safety and well-being of individuals served. Contractors providing services and performing work for federal government agencies must comply with all of the obligations specified in their contracts. The plans position in the stock of one of the companies reached almost 70 percent of the plans portfolio before it fell drastically in value, resulting in millions of dollars in losses to the plan. #block-googletagmanagerheader .field { padding-bottom:0 !important; } However, a U.S. Department of Labor Wage and Hour Division investigation determined that the Iselin, New Jersey, healthcare staffing company failed to comply with wage and fringe benefits requirements under the McNamara-O'Hara Service Contract Act, Contract Work Hours and Safety Standards Act and the Fair Labor Standards Act. Wage Complaint: if you are an employee working in New Jersey or you are working for a New Jersey-based company and you have a complaint about underpaid or unpaid wages, complete either the MW-31A (English) or MW-31S (Spanish) form. Letter ) with the findings and any fees or penalties which are due an complaint! Request an alternate location inline ; font-size:1.4em ; color: # e31c3d ; } government. 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